The Secretary of Labor has delegated authority and assigned responsibility to the Director of OWCP for the Department of Labor's programs under the following statutes:
(a) The Federal Employees' Compensation Act, as amended and extended (5 U.S.C. 8101 et seq.), except 5 U.S.C. 8149 as it pertains to the Employees' Compensation Appeals Board.
(b) The War Hazards Compensation Act, as amended (42 U.S.C. 1701 et seq.).
(c) The War Claims Act of 1948, as amended (50 U.S.C. App. 2003 et seq.).
(d) The Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq.), except 42 U.S.C. 7385s-15 as it pertains to the Office of the Ombudsman, and activities, pursuant to Executive Order 13179 (“Providing Compensation to America's Nuclear Weapons Workers”) of December 7, 2000, assigned to the Secretary of Health and Human Services, the Secretary of Energy and the Attorney General.
(e) The Longshore and Harbor Workers' Compensation Act, as amended and extended (33 U.S.C. 901 et seq.), except: 33 U.S.C. 919(d) with respect to administrative law judges in the Office of Administrative Law Judges; 33 U.S.C. 921(b) as it pertains to the Benefits Review Board; and activities, pursuant to 33 U.S.C. 941, assigned to the Assistant Secretary of Labor for Occupational Safety and Health.
(f) The Black Lung Benefits Act, as amended (30 U.S.C. 901 et seq.)., including 26 U.S.C. 9501, except: 33 U.S.C. 919(d) as incorporated by 30 U.S.C. 932(a), with respect to administrative law judges in the Office of Administrative Law Judges; and 33 U.S.C. 921(b) as incorporated by 30 U.S.C. 932(a), as it applies to the Benefits Review Board.
Notes of Decisions
Shahady v. Atlas Tile & Marble Co., 673 F.2d 479 (D.C. Cir. 1982).
· cites it 2× “(d) Longshoremen’s and Harbor Workers’ Compensation Act .. . except 921 as it applies to the Benefits Review Board.”
Smith v. Brown, 296 F. Supp. 3d 648 (S.D. Ill. 2017).
“See 20 C.F.R. § 1.2 (a). Here, the OWCP has accepted Smith's claims for FECA coverage.”
Sira Cruz v. Nat'l Steel & Shipbuilding Co., 910 F.3d 1263 (9th Cir. 2018).
“§ 919; 20 C.F.R. § 1.2 (e). The LHWCA fixes the amount of compensation based on the nature and extent of the injury and the employee’s weekly pay rate.”
Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35 (2d Cir. 1976).
“20 C.F.R. § 1.2 (d). Trying to make sense out of these regulations, we think that while the Director, OWCP is a proper party before the ALJ or the BRB, see cases discussed in 3 Larson, Workmen’s Compensation Laws § 83.”
Ferguson v. U.S. Postal Serv. (D.D.C. 2019).
· cites it 2× “20 C.F.R. § 1.2 . 2. The Postal Service’s Health Benefits Refund Program The Health Benefits Refund Program (the “Program”) is a Postal Service program to reimburse injured employees for over-deductions of health benefits premiums.”
Barron v. Brennan (N.D. Okla. 2020).
“See 20 C.F.R. § 1.2 . FECA provides “compensation .”
Holmes v. Greenbrier Companies (D. Or. 2024).
“§ 919 and 20 C.F.R. § 1.2 (e)). “When the LHWCA applies, its remedy is ‘exclusive and in place of all other liability of [the] employer to the employee.”
Fitzpatrick v. United States Dep't of Labor (9th Cir. 2026).
“§ 919 ; 20 C.F.R. § 1.2 (e)); see also 33 U.S.C. § 919 (d) (providing that any hearing held under the LHWCA shall be conducted by an ALJ in accordance with 5 U.”
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